Ben J. HahnWrongful Dismissal Pay is Reduced by All New Income, Even From a Low-Pay Job Taken in DesperationMany lawyers and judges appear to have misread the Court of Appeal’s 2017 decision in Brake v. PJ-M2R Restaurant Inc., 2017 ONCA 402…Oct 19, 2019Oct 19, 2019
Ben J. HahnAn Hour Worked from Home Is an Hour of WorkIf an employer permits an employee to work from home, that time spent working from home is still time spent on the job. It counts as an…Oct 8, 20191Oct 8, 20191
Ben J. HahnTerminated Employees Are Entitled to Pro-Rated Bonuses for Their Entire Notice PeriodTerminated employees are entitled to receive a pro-rated bonus payment even when the bonus payout day falls outside their notice period…Sep 26, 2019Sep 26, 2019
Ben J. Hahn“Substantially More Than a Majority” of a Dependent Contractor’s Income Must Come from One ClientNon-employee workers may be categorized as “dependent contractors” when they are “economically dependent” on a client. But this economic…Aug 2, 2019Aug 2, 2019
Ben J. HahnEmployers Can Insist on New Contracts When Employees Retract ResignationWhen an employer permits an employee to retract a previously-accepted resignation, the employer can insist upon modified terms to the…Jun 12, 2019Jun 12, 2019
Ben J. HahnWhat is a Record of Employment?Don’t let the name scare you. A Record of Employment isn’t a centralized document accessible to employers detailing your past work hist...Jun 9, 2019Jun 9, 2019
Ben J. HahnHuman Rights Code Employment Protections Can Still Apply to Non-EmployeesHuman rights prohibitions against discrimination “with respect to employment” can extend to consultants, contractors, or other…Jun 5, 2019Jun 5, 2019
Ben J. HahnPay Equity Rights in OntarioOntario has three legal regimes which address gender wage discrimination: human rights laws against workplace discrimination, employment…May 30, 2019May 30, 2019
Ben J. HahnCan an Employer Force an Employee to Bank Vacation Time?Yes, but with some restrictions. Ontario employers can direct when employees take vacation, but employment standards legislation requires…Apr 15, 2019Apr 15, 2019
Ben J. HahnEmployer Rehires Supervisor Who Sexually Assaulted EmployeeEmployee ordered to pay employer’s legal fees after “substantially unsuccessful” bid to sue following decision to rehire “her abuser” …Mar 20, 2019Mar 20, 2019